Innovationsupphandling
Innovationspartnerskap, ett upphandlingsförfarande med genomslagskraft genemot befintliga förfaranden för upphandling av innovativa lösningar?
The frequency of innovative procurement is currently very low in Sweden. Innovative procurement is to procure unknown solutions to a defined problem or need for which it sometimes has not yet been established on the market. Current Swedish procurement legislation does not prevent innovation procurement, however, it limits official authorities to actively work with innovative companies to develop new solutions. Furthermore, some conflicts arise between the Swedish procurement legislation and the basic principles concerning public procurement developed under EU law, which must be considered in all procurements. Additionally, there is not a specific procurement procedure designed for innovative solutions in the current legislation.On the 15th of January 2014 three new directives on procurement rules were adopted with the general objective to simplify the procurement process and to make the whole system more flexible. A new procurement procedure has also arisen called innovation partnership. Innovation partnerships should allow contracting authorities to enter into long-term partnerships for the development and subsequent purchase of new, innovative products, services or public work contracts. The question is whether this new procurement procedure contributes to the improvement needed and causes the authorities to actually take the plunge and invest in innovation procurement?Innovations partnerships should be based on the provisions of the competitive negotiations procedure, and in principle, is applicable when the contracting authority finds it appropriate. In view of this, the author finds that there are good prospects for innovation partnerships to lead to improvements and simplifications to innovation procurements. What remains to be seen is how the legislator chooses to implement the provisions in the Swedish public procurement legislation.